Virginia Do-it-Yourself Court Fee Waiver Form

Courts usually charge a fee when you file a case. There may also be other costs, such as fees to deliver papers to the other party or fees for court transcripts. You must pay these fees unless a judge decides you cannot afford them.

This free tool helps you fill out a Fee Waiver Petition. A Fee Waiver Petition is a form you bring to court that asks the judge to let you file your case without paying those fees. The tool asks you a series of questions about your situation. When you finish, it creates your form for you to print out.

For more information about court fees in Virginia, visit: courts.state.va.us/caseinfo/cccivilfeeshelp.html 

DIY Court Fee Waiver Form

Is this the right form for my case? 

This form is for civil cases. A civil case is any legal matter that is not a criminal case. This includes lawsuits, housing cases, and most family law matters.

Some family law cases require a different fee waiver form. If your case is one of the following, use the link below instead of this tool:

• No-fault divorce: Use our DIY Divorce Tool to complete the full packet of form, including the Fee Waiver, or use this form: courts.state.va.us/forms/circuit/cc1421.pdf
• Child custody or visitation: Use this form: courts.state.va.us/forms/district/dc606.pdf

It does not matter whether you are the one who filed the case or the one who was brought to court. Either party can ask to have their fees waived.

What do I do after I fill out the form? 

This tool creates your form, but it does not file it for you. You must print your form and bring a signed paper copy to the court.

When you arrive at the courthouse, you will sign the form and give it to the clerk. The clerk will pass it to the judge to consider. By signing the form, you are swearing that everything on it is true. Double-check all your answers before you go.

Will I qualify for a fee waiver? 

You are likely to qualify if either of the following is true: 

• You receive public benefits such as SNAP, SSI, Medicaid, TANF, or housing vouchers.
• Your household income is below 125% of the federal poverty guidelines. The table below shows the income limits based on how many people are in your household.

What if my income is above the limit or I have savings? 

If your household has unusual expenses, like large medical bills or uninsured ongoing costs you may still qualify. If your expenses are high enough, the court may approve your request even if your income is above the limit.

If you have significant savings or other assets, the court may decide you can afford to pay the fees. The court will ask about the cash you have on hand and in your bank accounts.

How do I figure out my annual income? 

The tool will ask for your annual net income for each job. Annual net income is the total amount of money you actually received from a job in a full year, after taxes and deductions.

This can be tricky to calculate if your pay changes from paycheck to paycheck. Here are some ways to figure it out:

• Use last year's tax return or W-2 form. This works well if your income did not change much from last year.
• Use your pay stubs. Find your net pay for one pay period. Then multiply by the number of pay periods in a year.
• Ask your employer. Your employer may be able to give you your annual net income based on your current rate of pay.
• Estimate if you are self-employed or have variable hours. Make your best estimate. Attach a written statement that explains how you calculated it. Include any supporting documents, such as past tax returns or 1099 forms.

If you have other sources of income, have that information ready. The tool will ask about it.

What about child support? 

If you receive child support, do not count it as income. Child support is money paid to support your child, not you.

If you pay child support, this may count as an exceptional expense. Have the amount and payment details ready when you fill out the form.

What counts as a medical expense? 

The form asks about "unusual and continuing" medical expenses. This means costs that are both out of the ordinary and ongoing, not everyday health care costs.

These expenses count:

• Medical treatment for which you are paying regularly, including expensive medications or equipment, and for which you are not reimbursed by insurance, including dental and mental health treatment.
• Medical debts you are actively paying off.
• Very high health insurance premiums you pay out of pocket. (An amount that your employer deducts to pay for additional family members’ coverage would most likely not be "unusual" unless it was very high.)

The form does not have space for a full explanation of your medical expenses. Attach a separate sheet of paper. Explain the total amount you owe and how long you will be paying it.

• Examples:

  • "I owe the hospital $34,000 and make a $500 payment each month."

  • "I must pay for insulin out of my own pocket at a cost of $400 per month."

  • "I pay health insurance premiums of $1,000 per month to cover myself and my family."

What about other expenses? 

The form has a blank field where you can list other expenses. This field has limited space. Before you submit, preview your form as a PDF to make sure your full answer is showing.

It’s worth being brief if you can, but otherwise you can write a paragraph or two about these and attach it as a separate sheet.

DIY Court Fee Waiver Form